Annual Report - 2006

“Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold

Governments and their instrumentalities accountable to the governed”.

(Preamble to RTI Act, 2005)

The Prime Minister of India Dr. Manmohan Singh had the following to say on the Right to Information Bill, 2004:-

“I believe that the passage of this Bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourage of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfil the hopes of the founding fathers of our Republic”.

Introduction

The Parliament enacted the Right to Information Act, 2005 (Central Act

22 of 2005) which received Presidential assent on 15 th June, 2005. It marked

a new and higher level of evolution of India’s parliamentary democracy. The

Right to Information Act, 2005 (Central Act, 22 of 2005) was notified in the

official Gazettee on 21 st of June, 2005. The provisions of sub-section (1) of

Section 4, sub-sections (1) and (2) of Section 5, Sections 12, 13, 15, 16, 24,

27 and 28 came into force with effect from the date of notification and the

remaining provisions came into force on the 12 th October, 2005. The Act

extends to the whole of India except the State of Jammu and Kashmir. It is

applicable to all Constitutional Authorities, bodies or institutions of self-

1 Government established or constituted by an Act of the Parliament or the

State Legislature, or by order or notification of the Central/State

Governments. It also applies to anybody owned, controlled or substantially financed, the non-Government organization substantially financed directly or indirectly by funds provided by the appropriate Government.

The Authoritative Texts of the Right to Information Act, 2005 (Act

No.22 of 2005) in Tamil was published in the Gazette of India, Extraordinary,

Part XV, Section I, Vol.1, dated 30 th March, 2006 on pages from 1 to 28.

The main objective of the Right to Information Act, 2005 is to ensure

transparency and accountability in the working of every Public Authority in the

country and to eliminate the scourge of corruption. The Act mandates a legal-

institutional frame work for setting out a practical regime of right to information

for every citizen to secure access to information held by or under the control

of Public Authorities.

2 Salient features of the Act.

The Bill passed in the Lok Sabha on 11 th May 2005.

Reason for Enactment:

• To provide an effective framework for effectuating the right of information recognized under Article 19 of the Constitution of India.

• To secure access to information under the control of public authorities.

• To inform to the citizens of India in transparency of information and to expedient to provide for furnishing information to citizens who desire to have it.

Nutshell Points:

• Every public authority should maintain all its records on different systems so that access to such records is facilitated.

• The public authority should publish the particulars of its organization, functions and duties, etc., within one hundred and twenty days from the date of its enactment, i.e., 15-6-2005.

• Central Public Information Officers or State Public Information Officers appointed to provide information to persons requesting for the information under this Act.

• The information will be given in printed or in electronic format.

• Every public authority shall designate the officer as a Central Assistant Public Information Officer or a State Assistant Public Information Officer to receive the applications or information or appeals under this Act.

• A person who desires to obtain any information shall apply with accompanying prescribed fee (See S.6)

• An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

• On receipt of a request within 30 days the information should be provided.

3 • Where the information sought for concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request.

• On failure to give decision on the request it is deemed that the request is refused.

• Where a request has been rejected the reasons and the appeal time will be communicated to the applicant [See S.7(8)]

• Certain exemptions are given to give information with regard to certain matters specified by the Central or State Government.

• The Central Government by notification constitute the Central Information Commission and the State Government by notification constitute the State Information Commission to receive and enquire into a complaint from any person.

• Any person who does not receive a decision within the time (30 days) may prefer an appeal within 30 days to such officer who is senior in rank to the Public Information Officer [See S.19]

• Jurisdiction of Court is barred [See S.23].

• The Freedom of Information Act, 2002 (5 of 2003) is repealed.

Constitution and Composition of the Tamil Nadu Information Commission

As per sub-section (1) of Section 15 of the Right to Information Act, 2005 every State Government shall, by notification in the Official Gazette, constitute a body to be known as State Information Commission to exercise the powers conferred on, and to perform the functions assigned to under this

Act. As per sub section (2) of Section 15 of the said Act, the State

Information Commission shall consist of one State Chief Information

Commissioner and such number of State Information Commissioners not exceeding 10 as may be deemed necessary. The Tamil Nadu State

4 Information Commission was constituted as per G.O.Ms.No.988, Public (Estt.I and Legislation) Department, dated 07.10.2005 consisting of one State Chief

Information Commissioner and two State Information Commissioners

(Annexure-I). Under Section 15(3) of the Act, the Government of Tamil Nadu appointed the following as State Chief Information Commissioner and State

Information Commissioners in G.O.Ms.No.68, Public (Estt.I and Legislation)

Department, dated 12.01.2006 (Annexure-II) and they were sworn in by His

Excellency The Governor of Tamil Nadu on 28.01.2006:-

(i) Thiru S. Ramakrishnan, I.A.S. (Retired)

State Chief Information Commissioner

(ii) Thiru G. Ramakrishnan, I.A.S. (Retired)

State Information Commissioner

(iii) Thiru R. Rathinasamy, I.A.S. (Retired)

State Information Commissioner

5 Term of office and Conditions of service of the State Chief Information Commissioner and State Information Commissioners.

Under Section 16(1) of the Act the State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment. No State Chief

Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

Under Section 16(2) of the Act, every State Information Commissioner

shall hold office for a term of five years from the date on which he enters upon

his office or till he attains the age of sixty-five years, whichever is earlier and

shall not be eligible for reappointment as such State Information

Commissioner. Every State Information Commissioner, on vacating his office

under this sub-section be eligible for appointment as a State Chief Information

Commissioner. The term of office of the State Information Commissioner

appointed as the State Chief Information Commissioner shall not be more

than five years in aggregate as the State Information Commissioner and the

State Chief Information Commissioner.

The salaries and allowances payable to and other terms and conditions of service of State Chief Information Commissioner shall be the same as that of an Election Commissioner and the State Information Commissioners shall be the same as that of the Chief Secretary to Government.

6 Functioning of the Commission

The Government in G.O.Ms.No.122, Public (Estt.I & Leg) Department, dated

02.02.2006 (Annexure III) had specified “Krishna Vilas Bungalow”,

Purasaiwalkam, Chennai as the Headquarters of the Tamil Nadu Information

Commission. An amount of Rs.120.66 lakhs was provided in the State

Budget to meet the expenses of the Tamil Nadu Information Commission during the financial year 2006-07 and the actual expenditure incurred was

Rs.93.11 lakhs.

Under sub-section (6) of Section 16 of the Right to Information Act,

2005, the State Government shall provide the State Chief Information

Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act. Government had initially sanctioned only a skeleton staff to the Commission, details of which are at Annexure –IV.

Right to Information and obligations of Public Authorities

Pro-active disclosure of Information

As per Section 4 of the Right to Information Act, 2005, it is mandatory for proactive disclosure of information by the public authorities. The information required to be published under this section within one hundred and twenty days from the enactment of the Act includes particulars of its organizations, functions and duties, the norms set by it for the discharge of its functions, the rules, regulations, instructions, manuals and records used for discharging functions, a statement of the categories of documents held by it, directory of

7 officers and employees including their monthly remuneration, its annual budget, details of execution of subsidy programmes and its beneficiaries, the particulars of the Public Information Officers etc.

Request for obtaining information

A person, who desires to obtain any information under the Act, is required to make a request in writing or through electronic means before the Public

Information Officer as provided in section 6 of the Act, specifying the particulars of the information sought by him or her. The application should be accompanied with such fee as prescribed. The applicant is not required to give any reason for seeking information or any other personal details except those that may be necessary for contacting the applicant. Where the request for an information which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made shall transfer the application or such part of it as may be appropriate to that other public authority within 5 days of the date of receipt of the application, under intimation to the applicant as provided under section 6(3) of the Act.

Disposal of request

Section 7 of the Act provides for disclosure of information against requests made under section 6 within 30 days of the receipt of the request. When the request is rejected for any of the reasons specified under Section 8(1) or 9, it is mandatory for the Public Information Officer to communicate the reasons for such rejection, the period within which an appeal against such rejection

8 may be preferred and the particulars of the appellate authority etc. to the applicant.

Time limit for disposal of applications

1. 30 days from the date of receipt of the application (section 7(1))

2. 48 hours for information concerning the life or liberty of a person

(section 7(1) proviso)

3. If the application is received through State Assistant Public Information

Officer, the time limit is 35 days (Proviso to section 5(2))

4. If the interests of a third party are involved, then the time limit is 40

days (section 11(3).

5. If the information sought for is in respect of allegations of violation of

human rights in the case of exempted organizations, the time limit is 45

days (section 24(4) proviso).

First Appeal

Every Public Authority must designate an officer who is senior in rank to

Public Information Officer as the Appellate Authority. As per sub-section (1) of

section 19 of the Act, any person who, does not receive a decision within the

time specified in sub–section (1) or clause (a) of sub-section (3) of section 7,

or is aggrieved by a decision of the Central Public Information Officer or State

Public Information Officer, as the case may be, may within thirty days from

the expiry of such period or from the receipt of such a decision prefer an

appeal to such officer who is senior in rank to the Central Public Information

Officer or State Public Information Officer as the case may be, in each public

9 authority. Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Payment of Fee

According to section 27(1) of the Act, the appropriate Government may by notification in the Official Gazette, make rules to carry out the provisions of this Act. The Government vide G.O.Ms.No.989, Public (Estt.I & Leg)

Department, dated 7-10-2005 (Annexure-V) issued the Tamil Nadu

Right to Information (Fees) Rules, 2005 prescribing the application fee, cost of material and mode of payment by cash or by demand draft or by bankers cheque. Initially, the Government of Tamil Nadu had prescribed a fee of

Rs.50/- for making application to obtain information under sub-section (1) of section 6 of the Act. From 20.09.2006 onwards this fee has been reduced to

Rs.10/- vide notification issued in G.O.Ms.No.1012, Public (Estt.I & Leg)

Department, dated 20-9-2006 (Annexure-VI). As per Letter No.40755/2005-3,

Public (Estt.I & Leg) Department, dated 21.10.2005 (Annexure-VII), the remittance of fee shall be under the following head of account:

“0075-00.- Miscellaneous General Services – 800. Other Receipts – BK. Collection of fees underTamil Nadu Right to Information (Fees) Rules, 2005.” (DPC 0075 00 800 BK 0006) Before providing the information to the applicant, the Public Information

Officer will intimate the applicant the cost of information as prescribed by the

Government in writing with calculation details of how the figure was arrived at.

Applicant can seek review of the decision on fees charged by applying to the

10 appropriate Appellate Authority. Applicant must be provided information at free of cost if the Public Information Officer fails to comply within the prescribed time limit. No separate fee need be paid by the petitioner either at the time of preferring first appeal to the appellate authority or at the time of filing second appeal against Public Information Officer / Appellate Authority before the Commission under section 19 of the RTI Act, 2005. No prescribed fee including application fee will be charged from people below the poverty line. In G.O.Ms.No.1138, Public (Estt.I & Leg) Department, dated

14.11.2005, the Government ordered that the classification of below poverty line persons as approved by the Gram Panchayat and local bodies be taken as the basis to identify the persons below poverty line for the purpose of exempting them from the payment of fee under the proviso to sub section (5) of section 7 of the Right to Information Act, 2005 while seeking information under the RTI Act, 2005. An extract duly certified will be sufficient to avail this concession. Copy of order is at Annexure VIII.

Notification of Intelligence and Security Organizations.

As per sub-section (4) of section 24 of the Right to Information Act, 2005, nothing contained in the Act shall apply to such intelligence and security organizations being organizations established by the State Government, as that Government may from time to time, by notification in the Official Gazette specify. Accordingly, the Government of Tamil Nadu had notified a list 32 intelligence and security organizations to which the provisions of the Act shall

11 not apply vide G.O.Ms.No.1042, 1043, 1044 and 1045, Public (Estt.I & Leg)

Department, dated 14.10.2005 (Annexure-IX).

Guidelines for implementation of the Act.

The Government had issued orders in Letter No.Ms.987, Public (Estt.I & Leg)

Department, dated 07.10.2005 (Annexure X) for designating Public

Information Officers and Appellate Authorities in the offices of the Public

Authorities for implementation of the RTI Act, 2005.

Training:

The Anna Institute of Management is imparting training about the Right to

Information Act to all the Public Information Officers and Appellate Authorities by chalking out programmes.

Powers and Functions of the Information Commission

The Information Commission has the original jurisdiction to receive and inquire into complaints under section 18 and second appellate jurisdiction under section 19(3) to receive appeals against the decision of the Public

Authorities. A second appeal against the Appellate Authority’s decision shall lie within ninety days from the date on which the decision should have been made or was actually received, with the State Information Commission. The

Information Commission may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient causes from filing the appeal in time. Section 19 mandates that the decision of the Information Commission shall be binding. Further, the Information

Commission has the power to require the Public Authority to take any such

12 steps as may be necessary to secure compliance with the provisions of the

Act. It can also require the public authority to compensate the complainant for any loss or other detriment suffered. Section 19 further mandates the

Information Commission to impose any of the penalties provided under the

Act.

As per section 18(3) of the Act, the State Information Commission shall while inquiring into any matter under this section, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil

Procedure, 1908, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of persons and compel

them to give oral or written evidence on oath and to produce the

documents or things;

(b) requiring the discovery and inspection of documents;

(d) requisitioning any public record or copies thereof from any Court or

office;

(e) issuing summons for examination of witnesses or documents and

(f) any other matter which may be prescribed.

Section 20 of the Act empowers the Commission to impose penalty, at the time of deciding any complaint or appeal if it is of the opinion that the Public

Information Officer has without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section(1) of section 7 or malafidely denied the request

13 for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information. It shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees.

Under section 23 of the Act, no court shall entertain any suit, application or other proceeding in respect of any order made under the Act and no such order shall be called in question otherwise than by way of an appeal under the Act.

Complaints and Appeals to the Commission

The Tamil Nadu Information Commission had adopted three types of disposal on the appeal/complaints received by the Commission. Firstly the complaints which were generally in the nature of grievance petitions and not in conformity with the RTI Act were forwarded to the respective public authorities for redressal of the grievances.

Secondly, appeals which were in conformity with the Act and clear were sent to the public authorities concerned with direction to dispose of the same under RTI Act within the specified time limit, failing which show cause notice will be issued.

Thirdly, the cases which gave room for different view points, the petitioner and the Public Information Officer concerned were called for an enquiry by issuing summons to both the parties to appear in person on a

14 date specified. The Commission delivered its judgement on the merits of the case.

The total receipt of tappals during the year 2006 by the Tamil Nadu

Information Commission was 8550, out of which 454 appeals were enquired by summoning both the petitioner and the Public Information Officer concerned. The remaining 8096 tappals including miscellaneous papers were also disposed of by the Commission.

The Tamil Nadu Information Commission held review meetings with the District Collectors in groups by undertaking tours in order to ascertain the practical difficulties in implementing the RTI Act in its full spirit. The

Commission also utilized these opportunities to conduct enquiry at the district level in a decentralized manner so as to cause least hardship both to the petitioners and the Public Authorities.

To create awareness among the citizens, the Information Commissioners either jointly or individually held press meet in the districts and interacted with the media persons. No doubt media is playing a vital role in creating awareness among the public. Also the Commission had extensively toured the State and participated in awareness programmes conducted by NGOs.

Penalties and Disciplinary actions

During the year of report, the Tamil Nadu Information. Commission had issued show cause notices in 96 cases for imposing penalty. The Tamil Nadu

Information Commission had recommended for disciplinary action against the

15 Public Authorities in 23 cases under the RTI Act, 2005. The Commission had imposed penalty in respect of four Public Authorities during the year 2006.

National Convention on one year of RTI

On completion of one year of implementation of RTI Act, Central

Information Commission organized a three day National Convention at Vigyan

Bhawan during 13 th – 15 th October, 2006. Thiru S.Ramakrishnan, I.A.S.

(Retd), State Chief Information Commissioner, Thiru G. Ramakrishnan, I.A.S.

(Retd) and Thiru R. Rathinasamy, I.A.S. (Retd) State Information

Commissioners had participated in the National Convention.

Monitoring and Reporting

Section 25(2) of the RTI Act, 2005 provides that each Ministry or

Department shall in relation to the Public authorities within their jurisdiction,

collect and provide such information to the Information Commission, as is

required to prepare the Annual Report by the Commission.

The department wise particulars showing the total number of

applications received by the Public Information Officers in the State, the

fees collected etc. are shown at Annexure XI.

Recommendations of Tamil Nadu Information Commission:

1. It is suggested that suitable instructions be issued by the Government,

that all the public authorities should fulfill their obligations laid under

section 4 of the RTI Act, 2005 and any failure to comply with the

provisions of the said section should be viewed very seriously and

departmental action initiated against such public authority.

16 2. It is also recommended that all the administrative departments of the

Government may be directed to review the progress of implementation

of the RTI Act during the review meetings held with the Heads of

Departments by compulsorily including this as one of the subjects in

the agenda.

3. The Anna Institute of Management, Chennai under the administrative control of the Government is imparting training about the RTI Act to the officers and staff of the different departments. Since the number of Public Information Officers and Appellate Authorities runs in thousands, the training programme may be arranged at the District level also by involving the District Collectors. K.S.SRIPATHI STATE CHIEF INFORMATION COMMISSIONER

17 ANNEXURE –I GOVERNMENT OF TAMIL NADU

ABSTRACT

The Right to Information Act, 2005 – Tamil Nadu State Information Commission – Constitution of – Orders – Issued.

PUBLIC (Estt.I & Leg) DEPARTMENT

G.O.Ms.No.988 Dated: 7.10.2005 Read:

From the Secretary, Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi D.O. Letter No.34012/S/2005/Estt.(B), dated 23.06.2005.

==== ORDER:

The Government of India have enacted the Right to Information Act, 2005 (Central Act 22 of 2005) to provide for setting up the practical regime of right to information for citizens to secure access to the information under the control of Public Authorities in order to promote transparency and accountability in the working of every Public Authority.

2. As per sub-section (1) of section 15 of the Right to Information Act, 2005, every State Government shall, by notification in the official gazette, constitute a body to be known as State Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under that Act. As per sub section (2) of section 15 of the said Act, the State Information Commission shall consist of :-

a) one State Chief Information Commissioner, and b) such number of State Information Commissioners not exceeding 10 as may be deemed necessary.

3. As per section 16(6) of the Right to Information Act, 2005, the State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under the Act, and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

18 4. The Government have decided to constitute the Tamil Nadu Information Commission to exercise the powers conferred on, and perform the functions assigned to, it under the Act. The Government have also decided that the said Commission shall consist of (1) one State Chief Information Commissioner and (2) two State Information Commissioners.

5. The Government also direct that the Tamil Nadu Information Commission shall be supported with the following officers:

a) one Secretary to Commission not below the rank of Secretary to Government to assist the State Information Commissioners in the State Information Commission.

b) One Deputy Secretary not below the rank of Deputy Secretary to Government in the Secretariat to assist the Secretary of the Commission.

The Government also direct the headquarters of the Commission shall be at Chennai. Orders on sanction of other supporting staff will be issued separately.

6. The following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the Friday, 7 th October, 2005:- NOTIFICATION In exercise of powers conferred by sub-sections (1) and (2) of section 15 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby constitutes the Tamil Nadu Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under the said Act. The said Commission shall consist of :-

(1) The State Chief Information Commissioner; and (2) two State Information Commissioners. (BY ORDER OF THE GOVERNOR)

G. RAMAKRISHNAN, SECRETARY TO GOVERNMENT. To The Chief State Information Commissioner, Tamil Nadu Information Commission, Chennai. The State Information Commissioner, Tamil Nadu Information Commission, Chennai. All Collectors. The Director General of Police, Chennai. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi.

19 The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79. (for publication in the Extraordinary issue of Tamil Nadu Government Gazette). All Departments of Secretariat. The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers.

// Forwarded /By Order//

SECTION OFFICER.

20 ANNEXURE –II GOVERNMENT OF TAMIL NADU ABSTRACT

The Right to Information Act, 2005 – Tamil Nadu Information Commission – Thiru S. Ramakrishnan, IAS (Retired) appointment as State Chief Information Commissioner – Thiru G. Ramakrishnan, IAS (Retired) and Thiru R.Rathinasamy, IAS (Retired) appointment as State Information Commissioners – Orders – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.68 Dated: 12.01.2006 READ:

G.O.Ms.No.988,Public (Estt.I & Leg.) Dept., dated 7.10.2005.

===== ORDER:

In the Government Order read above, under sub-section (1) of section 15 of the Right to Information Act, 2005, the Government have constituted Tamil Nadu Information Commission with one State Chief Information Commissioner and two State Information Commissioners. The Government have decided to appoint Thiru S.Ramakrishnan, IAS (Retired) as State Chief Information Commissioner and Thiru G.Ramakrishnan, IAS (Retired) and Thiru R.Rathinasamy, IAS (Retired) as State Information Commissioners. 2. The following notification shall be published in the Tamil Nadu Government Gazette Extraordinary dated 12.01.2006:-

NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 15 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby appoints Thiru S.Ramakrishnan,IAS (Retired) as State Chief Information Commissioner and Thiru G.Ramakrishnan, IAS (Retired) and Thiru R.Rathinasamy, IAS (Retired) as State Information Commissioners in the Tamil Nadu Information Commission. 2. The State Chief Information Commissioner and the State Information Commissioners shall hold office for a term of five years from the date on which they enter upon their office or the date on which they attain the age of sixty-five years, whichever is earlier.

(BY ORDER OF THE GOVERNOR)

N. NARAYANAN, CHIEF SECRETARY TO GOVERNMENT.

To Thiru S. Ramakrishnan, IAS (Retired), 6-A, Block 3, Magnolia Park, No.2, Five Furlong Road, Guindy, Chennai – 600 032.

Thiru G.Ramakrishnan, IAS (Retired), No.10, 11 th Avenue, Ashok Nagar, Chennai-600 083. Thiru R.Rathinasamy, IAS (Retired), Plot No.485, HIG, Mogappair Eri Scheme, Dr. J.J. Nagar East, Chennai-600 037. The Secretary, Tamil Nadu Information Commission, Chennai. All Departments of Secretariat. All Heads of Departments. All Collectors. The Director General of Police, Chennai. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79 (for publication in the Extraordinary issue of Tamil Nadu Government Gazette). The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers.

// FORWARDED / BY ORDER//

SECTION OFFICER.

22 ANNEXURE –III GOVERNMENT OF TAMIL NADU ABSTRACT

The Right to Information Act, 2005 (Central Act 22 of 2005) – Tamil Nadu Information Commission – Headquarters of the Commission – Notified.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.122 Dated: 02.02.2006 READ:

1. G.O.Ms.No.988, Public (Estt.I & Leg.) Dept., dated 7.10.2005. 2. G.O.Ms.No.1231, Public (Estt.I & Leg.) Dept., dated 27.12.2005.

===== ORDER:

The following Notification shall be published in the Tamil Nadu Government Gazette, Extraordinary dated the 2 nd February, 2006:-

NOTIFICATION

In exercise of the powers conferred by sub-section (7) of section 15 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby specifies the “Krishna Vilas Bungalow”, Purasaiwalkam, Chennai as the Headquarters of the Tamil Nadu Information Commission.

(BY ORDER OF THE GOVERNOR)

SANWAT RAM, SECRETARY TO GOVERNMENT.

To Thiru S. Ramakrishnan, IAS (Retired), State Chief Information Commissioner, Tamil Nadu Information Commission, No.89, Dr. Alagappa Road, Purasaiwalkam, Chennai-84.

Thiru G.Ramakrishnan, IAS (Retired), State Information Commissioner, Tamil Nadu Information Commission, No.89, Dr. Alagappa Road, Purasaiwalkam, Chennai-84.

Thiru R.Rathinasamy, IAS (Retired), State Information Commissioner, Tamil Nadu Information Commission, No.89, Dr. Alagappa Road, Purasaiwalkam, Chennai-84. The Works Manager, Government Central Press, Chennai-79. (For publication in the Tamil Nadu Government Gazette). The Commissioner of Technical Education, Chennai-25.

// FORWARDED / BY ORDER//

SECTION OFFICER.

24 ANNEXURE IV

Posts sanctioned to the Tamil Nadu State Information Commission. Govt. Order, No. of Name of Post Scale of Pay Number and posts date Secretary to 1 Not below the G.O.Ms.No.988, Commission rank of Secretary Public (Estt.I & to Government. Leg) Department, dated 07.10.2005

Deputy 1 Not below the Secretary rank of Deputy Secretary to -do- Government in the Secretariat. Financial 1 Rs.10000-325- G.O.Ms.No.817, Adviser & Chief 15200 Public (Estt.I & Accounts Leg) Dept., Officer dated 17.08.2006 Under 1 Rs.10000-325- -do- Secretary 15200 Section Officer 1 Rs.6500-200- -do- 11100 Private 4 Rs.6500-200- -do- Secretary 11100 (Section Officer cadre) Assistant 3 Rs.5500-175- -do- Section Officer 9000 Personal 1 Rs.5500-175- -do- Assistant 9000 Personal Clerk 2 Rs.4500-125- -do- 7500 Typist 1 Rs.3200-85- -do- 4900 Record Clerk 1 Rs.2610-60- -do- 3150-65-3540 Office Assistant 13 Contract Basis -do- Driver 4 Rs.3200-85-4900 -do-

25 ANNEXURE – V

GOVERNMENT OF TAMIL NADU

ABSTRACT

The Right to Information Act, 2005 (Central Act 22 of 2005) – Tamil Nadu Right to Information (Fees) Rules, 2005 – Orders – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.989 Dated: 07.10.2005 READ:

1. From the Secretary to Government, Ministry of Personnel, Public Grievances and Pensions D.O.Letter No.34012/S/2005-Esst.(B) dated 23 rd June, 2005. 2. Government letter Ms.No.987, Public (Estt.I & Leg.) Dept., dated 07.10.2005. ==== ORDER:

The Government of India have enacted the Right to Information Act, 2005 (Central Act 22 of 2005) to provide for setting out a practical regime system of right to information for citizens to secure access to information under the control of public authorities, in order to provide transparency and accountability in the working of every public authority.

2. In the G.O. second read above, the Government have issued orders designating Public Information Officers and Appellate Authorities for implementation of the said Act in all public authorities. As per section 27 of the said Act, the appropriate Government, may, by notification in the Official Gazette, make rules to carry out the provisions of the said Act. Accordingly, the following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the Friday, 7 th October, 2005.

NOTIFICATION

In exercise of the powers conferred by section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby makes the following Rules: RULES

1) Short title: - These rules may be called the Tamil Nadu Right to Information (Fees) Rules, 2005.

26 2) Definitions: - In these Rules, unless the context otherwise requires, -

(a) “Act” means the Right to Information Act, 2005 (Central Act 22 of 2005); (b) Words and expressions used in these Rules and not defined shall have the same meaning assigned to them in the Act. 3) FEES:-

(a) Every application for obtaining information under sub-section (1) of section 6 of the Act shall be accompanied by an application fee of rupees fifty by cash or by demand draft or bankers cheque payable in the head of account, as may be specified by the Public Authority.

(b) For providing the information under sub-section (1) of section 7 of the Act, a fee shall be charged by way of cash against proper receipt or by demand draft or banker’s cheque payable in the head of account, as specified by Public Authority at the following rates:-

(i) rupees two for each page (in A-4 or A-3 size paper) created or copied;

(ii) actual charge or cost price of a copy in larger size paper;

(iii) actual cost or price for samples or models; and

(iv) for inspection of records, no fee for the first hour, and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter.

(c) For providing the information under sub-section (5) of section 7, the fee shall be charged by way of cash against proper receipt or by demand draft or banker’s cheque payable in the head of account, as specified by the Public Authority at the following rates:-

(i) for information provided in diskette or floppy rupees fifty per diskette or floppy; and (ii) for information provided in printed form at the price fixed for publication.

(BY ORDER OF THE GOVERNOR)

N. NARAYANAN, CHIEF SECRETARY TO GOVERNMENT.

27 To All Secretaries to Government. All HODs/All Public Sector Undertakings /Corporations. The Tamil Nadu Information Commission, Chennai. The Works Manager, Government Central Press, Chennai-79. (for publication in the Extraordinary issue of Tamil Nadu Government Gazette).

/ FORWARDED // BY ORDER /

SECTION OFFICER.

28 ANNEXURE – VI

GOVERNMENT OF TAMIL NADU ABSTRACT The Right to Information Act, 2005 (Central Act 22 of 2005) – Tamil Nadu Right to Information (Fees) Rules, 2005 – Amendment – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1012 Dated: 20.09.2006 READ:

1. G.O.Ms.No.989, Public (Estt.I & Leg.) Dept., dated 07.10.2005. 2. From the Director, Commonwealth Human Rights Initiative, New Delhi, letter dated 27.10.2005. ==== ORDER:

The following Notification will be published in the Tamil Nadu Government Gazette Extraordinary, dated the 20 th September, 2006:-

NOTIFICATION.

In exercise of the powers conferred by section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Right to Information (Fees) Rules, 2005:_

AMENDMENTS.

In the said Rules, in rule 3,

(1) in sub-rule (a), for the word “fifty”, the word “ten” shall be substituted; (2) in sub-rule (b), in item (iv), for the words “each fifteen minutes”, the words “every one hour” shall be substituted; (3) in sub-rule (c), in item (ii), after the word “publication”, the following expression shall be added, namely:-

“or rupees two per page of photocopy for extracts from the publication”. (BY ORDER OF THE GOVERNOR)

D. JOTHI JAGARAJAN, SECRETARY TO GOVERNMENT. To All Secretaries to Government. All Heads of Department / All Public Sector Undertakings / Corporations. All Collectors. The Tamil Nadu Information Commission, Chennai-84. The Secretary to Government of India, Ministry of Personnel,

29 Public Grievances and Pensions, New Delhi – 110 001. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79. (for publication of the Notification in the Tamil Nadu Government Gazette Extraordinary). Copy to : The Director, Commonwealth Human Rights Initiative, New Delhi – 110 017.

// FORWARDED / BY ORDER //

SECTION OFFICER.

30 ANNEXURE – VII LETTER No.40755/2005-3, PUBLIC (ESTT.I & LEG.) DEPT. SECRETARIAT, CHENNAI-9.

DATED : 21.10.2005.

From Thiru G. Ramakrishnan, IAS, Secretary to Government.

To All Secretaries to Government. All Heads of Departments (including Commissions, Corporations and Universities etc.).

Sir,

Sub: Tamil Nadu Right to Information (Fees) Rules, 2005 – Head of Account under which fee to be remitted – Instructions issued.

Ref: G.O.Ms.No.989, Public (Estt.I & Leg.) Dept., dated 7.10.2005. **** I am directed to state that the Right to Information Act, 2005 has come into force on 12.10.2005. The Tamil Nadu Right to Information (Fees) Rules, 2005 have been published in Tamil Nadu Government Gazette Extraordinary dated 7.10.2005. I am to state that the fee amount to be collected under the Tamil Nadu Right to Information (Fees) Rules, 2005 may be credited under the following new sub head of account to be opened under Revenue Receipt account as detailed below:

“0075.00. Miscellaneous General Services – 800.Other receipts – BK. Collection of fees under Tamil Nadu Right to Information (Fees) Rules 2005” (DPC 0075 00 800 BK 0006).

2. I am also to state that the fee may be remitted by cash or Demand Draft or Bankers cheque payable under the above head of account. The Public Information Officer shall receive the cash or Demand Draft from the applicant and arrange to remit the fee under the above head of account through the Treasury / Pay and Accounts Office / State Bank of India / Reserve Bank of India as early as possible. The applicant may also remit the fee under the above head of account through Treasury / Pay and Accounts

31 Office / State Bank of India / Reserve Bank of India and produce the chalan to the Public Information Officer as an evidence for having remitted the fee.

I am to request you to pursue action accordingly.

Yours faithfully,

for Secretary to Government.

32 Annexure VIII

GOVERNMENT OF TAMIL NADU ABSTRACT

The Right to Information Act, 2005 (Central Act 22 of 2005) – Exemptions from payment of fee by persons below poverty line – Definition of persons below poverty line – Orders – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1138 Dated : 14.11.2005

Read:

G.O.Ms.No.989, Public (Estt.I & Leg.) Dept., dated 7.10.2005.

****** ORDER:

The Right to Information Act, 2005 (Central Act 22 of 2005) has come into force with effect from 12.10.2005. In the Government Order read above, the Government have framed the Tamil Nadu Right to Information (Fees) Rules, 2005.

2. As per the proviso to sub-section (5) of section 7 of the Right to Information Act, 2005, the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

3. In view of the above provision, persons below poverty line have to be defined properly. There is a categorization of below poverty line families in rural / urban areas for availing assistance from local bodies. In every village panchayat, list of families below poverty line is approved in Gram Sabha every year. Similarly, in urban local bodies also, a list of below poverty line families is maintained.

4. The Government have examined the issue of defining the persons below poverty line to avail the concession provided in the proviso to sub- section (5) of section 7 of the Right to Information Act, 2005 (Central Act 22 of 2005). The Government direct that the classification of below poverty line persons as approved by the Gram Panchayat and local bodies be taken as the basis to identify the persons below poverty line for the purpose of

33 exempting them from the payment of fee under the proviso to sub-section (5) of section 7 of the Right to Information Act, 2005 (Central Act 22 of 2005) while seeking information under the Right to Information Act, 2005. An extract duly certified will be sufficient to avail this concession.

5. This order issues with the concurrence of Finance Department – Vide its U.O.No.3667/FS/P/05, dated 27.10.2005.

(BY ORDER OF THE GOVERNOR)

PAVAN RAINA, SECRETARY TO GOVERNMENT (i/c).

To The Chief State Information Commissioner, Tamil Nadu Information Commission, Chennai. The State Information Commissioners, Tamil Nadu Information Commission, Chennai. All Departments of Secretariat. All Collectors. The Director General of Police, Chennai. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers.

// Forwarded / By Order //

SECTION OFFICER.

34 ANNEXURE – IX

GOVERNMENT OF TAMIL NADU ABSTRACT The Right to Information Act, 2005 (Central Act 22 of 2005) – Act not to apply to certain organizations - Notification – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1042 Dated: 14.10.2005 READ:

1. From the Additional Director General of Police (Int.), Special Branch CID, Letter No.C.11.No.36375/C, dated 9.10.2005. 2. From the Home Dept. U.O.No.6606/SC/05, dated 11.10.2005. ==== ORDER:

2. As per sub-section (4) of section 24 of the Right to Information Act, 2005, nothing contained in the Act shall apply to such Intelligence and security organizations being organizations established by the State Government as that Government may, from time to time, by notification in the Official Gazette specify.

3. The Government have examined the report of the Additional Director General of Police (Intelligence), Special Branch Criminal Investigation Department sent in the letter first read above. After careful consideration, the Government have decided to specify the organizations indicated hereunder in the notification as those organizations for which nothing contained in the Right to Information Act, 2005 shall apply.

4. The following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the 14 th October, 2005:- NOTIFICATION

35 Organizations established by the Government of Tamil Nadu for which the said Act shall not apply:-

1. Special Branch CID 2. “Q” Branch CID 3. Special Division 4. Security Branch 5. Core Cell CID 6. Shorthand Bureau 7. District Special Branches 8. Intelligence Sections of Police Commissionerates. 9. Special Intelligence Cells 10. Security Wings in Commissionerates / Districts 11. Naxalite Special Division.

(BY ORDER OF THE GOVERNOR)

G. RAMAKRISHNAN, SECRETARY TO GOVERNMENT.

To The Principal Secretary to Government, Home Department, Chennai-9. The Director General of Police, Chennai-4. The Additional Director General of Police (Intelligence), Chennai-4. The Chief State Information Commissioner, Tamil Nadu Information Commission, Chennai. The State Information Commissioners, Tamil Nadu Information Commission, Chennai. All Collectors. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79. (for publication in the Extraordinary issue of Tamil Nadu Government Gazette) All Departments of Secretariat. The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers. The Home (SC) Department, Chennai-9.

// FORWARDED / BY ORDER //

SECTION OFFICER.

36 GOVERNMENT OF TAMIL NADU ABSTRACT The Right to Information Act, 2005 (Central Act 22 of 2005) – Act not to apply to certain organizations - Notification – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1043 Dated: 14.10.2005 READ: 1. From the Additional Director General of Police (Int.), Special Branch CID, Letter No.C.11.No.36375/C, dated 9.10.2005. 2. From the Home Dept. U.O.No.6606/SC/05, dated 11.10.2005. ==== ORDER: The Government of India have enacted the Right to Information Act, 2005 (Central Act 22 of 2005) to provide for setting up the practical regime of right to information for citizens to secure access to the information under the control of Public Authorities in order to promote transparency and accountability in the working of every Public Authority.

4. The following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the 14 th October, 2005:- NOTIFICATION

In exercise of the powers conferred by sub-section (4) of section 24 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby specifies the following Intelligence and Security Organizations established by the Government of Tamil Nadu for which the said Act shall not apply:-

1. Crime Branch CID 2. Special Investigation Team 3. Video Piracy Cell

37 4. Narcotics Intelligence Bureau 5. Anti-Dacoity Cell 6. Economic Offences Wing 7. Economic Offences Wing-II 8. Idol Wing 9. CCIW CID 10. Civil Supplies CID 11. Cyber Crime Cell 12. District Crime Branches and City Crime Branches 13. Special Task Force 14. Tamil Nadu Commando Force 15. Tamil Nadu Commando School 16. Coastal Security Group 17. Finger Prints Bureau 18. Police Radio Branch (BY ORDER OF THE GOVERNOR)

G. RAMAKRISHNAN, SECRETARY TO GOVERNMENT.

// FORWARDED / BY ORDER //

SECTION OFFICER.

38 GOVERNMENT OF TAMIL NADU ABSTRACT The Right to Information Act, 2005 (Central Act 22 of 2005) – Act not to apply to certain organizations - Notification – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1044 Dated: 14.10.2005 READ: From the Home Dept. U.O.No.6606/SC/05, dated 11.10.2005. ==== ORDER:

3. After careful consideration, the Government have decided to specify the organizations indicated hereunder in the notification as those organizations for which nothing contained in the Right to Information Act, 2005 shall apply.

4. The following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the 14 th October, 2005:- NOTIFICATION

1. Home (Police-VII) Department. 2. Home (SC) Department.

(BY ORDER OF THE GOVERNOR)

G. RAMAKRISHNAN, SECRETARY TO GOVERNMENT.

39 To The Principal Secretary to Government, Home Department, Chennai-9. The Director General of Police, Chennai-4. The Additional Director General of Police (Intelligence), Chennai-4. The Chief State Information Commissioner, Tamil Nadu Information Commission, Chennai. The State Information Commissioners, Tamil Nadu Information Commission, Chennai. All Collectors. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79. (for publication in the Extraordinary issue of Tamil Nadu Government Gazette) All Departments of Secretariat. The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers. The Home (SC) Department, Chennai-9.

// FORWARDED / BY ORDER //

SECTION OFFICER.

40 GOVERNMENT OF TAMIL NADU ABSTRACT The Right to Information Act, 2005 (Central Act 22 of 2005) – Act not to apply to certain organizations - Notification – Issued.

PUBLIC (ESTT.I & LEG.) DEPARTMENT

G.O.Ms.No.1045 Dated: 14.10.2005 READ: From the Public (SC) Dept., U.O.No.SR.II/2990/2005, dated 14.10.2005. ==== ORDER:

3. After careful consideration of the subjects dealt with by the Public (SC) Department, the Government have decided to specify the Public (SC) Department as an organization for which nothing contained in the Right to Information Act, 2005 shall apply. 4. The following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary, dated the 14 th October, 2005:-

NOTIFICATION

In exercise of the powers conferred by sub-section (4) of section 24 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Tamil Nadu hereby specifies the Public (SC) Department being an Intelligence and Security Organization established by the Government of Tamil Nadu for which the said Act shall not apply.

(BY ORDER OF THE GOVERNOR)

G. RAMAKRISHNAN, SECRETARY TO GOVERNMENT.

41 To The Secretary to Government, Public Department, Chennai-9. The Secretary to Government, Public (SC) Department, Chennai-9. The Principal Secretary to Government, Home Department, Chennai-9. The Director General of Police, Chennai-4. The Additional Director General of Police (Intelligence), Chennai-4. The Chief State Information Commissioner, Tamil Nadu Information Commission, Chennai. The State Information Commissioners, Tamil Nadu Information Commission, Chennai. All Collectors. The Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The Secretary to Government of India, Ministry of Home Affairs, New Delhi. The Works Manager, Government Central Press, Chennai-79. (for publication in the Extraordinary issue of Tamil Nadu Government Gazette) All Departments of Secretariat. The Secretary to Governor. The Secretary to Hon’ble Chief Minister. All Senior Personal Assistants to Ministers.

// FORWARDED / BY ORDER //

SECTION OFFICER.

42 ANNEXURE X GOVERNMENT OF TAMIL NADU Letter Ms.No.987, Public (Estt.I & Leg) Department, Secretariat,Chennai-9. Dated 07.10.2005. From Thiru N. Narayanan, IAS, Chief Secretary to Government.

To The Secretaries to Government, All Departments of Secretariat.

Sir/Madam,

Sub: Acts – Right to Information Act, 2005 – Implementation of the Act – Regarding. ==== I am directed to state that the Right to Information Bill, 2005 as passed by the Houses of Parliament received the assent of the President on 15 th June, 2005. The Right to Information Act, 2005 has also been published in the Gazette of India on 21 st June, 2005. A copy of the Act is enclosed.

2. The provisions of sub-section (1) of section 4, sub section (1) and (2) of section 5, sections 12, 13, 15, 16, 24, 27 and 28 of the Act shall come into force at once and the remaining provisions of the Act shall come into force on the 120 th day i.e. 12 th October, 2005 of its enactment.

3. The Act envisages various tasks to be completed by the State Government within the stipulated time. I am to request you to pursue action on the following issues.

(A) PUBLIC AUTHORITIES

Section 2(h) of the Right to Information Act, 2005 defines the Public Authorities. As may be seen therefrom, the Public Authority would include the following:

(i) All Administrative Departments of Secretariat. (ii) All heads of Departments / Directorates / Commissionerates of the Government. (iii) All Public Corporations, Councils, Authorities, Institutes, Autonomous bodies and other similar bodies. (iv) Local bodies including Corporations / Municipalities / Panchayats / Panchayat Unions etc.

43 (v) All NGOs which are substantially financed directly or indirectly by State Government.

B) Thus, virtually all the administrative units are bound to provide information as requested by the public. Public Information Officers, Assistant Public Information Officers and Appellate Authority as required under the Right to Information Act, 2005 are to be appointed for every Public Authority. Broad guidelines on appointment of the Public Information Officers and Appellate Authority are given below:

(i) In the Departments of Secretariat, the Additional Secretary / Joint Secretary may be appointed as Appellate Authority and the Deputy Secretary / Under Secretaries may be appointed as Public Information Officers. The Secretaries to Government shall review the implementation of the Act periodically.

(ii) At the Head of the Department/Directorate level, the Head of Department or Additional Director shall be the Appellate Authority. Joint Director/Deputy Director may be appointed as Public Information Officers.

(iii) It is necessary to appoint Public Information Officers / Assistant Public Information Officers at District /Division / Taluk levels. In all these cases, the head of the Office may be appointed as Appellate Authority and the officer next below him may be appointed as Public Information Officers.

(iv) In Corporations and Public Sector Undertakings, the Managing Director may be appointed as Appellate Authority. The Company Secretary to the Corporation may be appointed as Public Information Officer.

(v) The designation of Public Information Officers / Appellate Authorities may be completed before 10 th October, 2005.

C) PREPARATION OF MANUALS:

Under Section 4 of the Right to Information Act, every Public Authority is required to disclose information voluntarily on 16 points. These manuals are to be prepared at Government / Heads of Departments / Revenue District / Revenue Division / Taluk level keeping in mind dimensions, activities, nature of work and the information that needs to be divulged to the common people in each department. It is advisable to have one manual at State level and other at District level. The contents of manuals are likely to differ at various levels. However, it may be ensured that there is no variation on factual information. While designing the contents of the manuals at different levels, the requirements of the common people at those levels should be kept in mind. The following guidelines may be taken note of.

(i) The main objectives of sec.4 is that all public authorities proactively publish to the maximum extent such information that will be of interest to the common people so that the need for requesting information under this Act becomes minimal.

(ii) As the main objective of proactive disclosure is to provide information to the common people voluntarily, every public authority may conduct an extensive study and analysis of the kinds of information that common people ordinarily seek on approaching their office.

(iii) With a view to providing information to the common people easily, categories of information other than the 16 points mentioned in Sec.4 of the Act may also be included in this manual so as to bring down to a minimum their need for seeking information through applications.

(iv) A template has been prepared for these manuals pursuant to discussions held by Tata Consultancy Services (TCS) with Principal Secretaries and Secretaries of some Departments of Uttranchal Government. Though it is not possible to develop a common format for all public authorities, this template may be used as a guide while preparing these manuals. Modifications and amendments to the template may be incorporated, if necessary.

(v) The information contained in these manuals will be required to be made accessible to common people through the media of books, notice boards, Departmental libraries and the Internet and also made available for inspection in offices. Every Department will decide as to which information should be made available in which medium at which level (of operation) after taking into consideration the available resources, the nature of information concerned and the convenience of the common people.

The compilation of these manuals may be completed by 10 th October, 2005.

D) ACT NOT TO APPLY TO CERTAIN ORGANISATIONS`

The Secretaries are requested to take steps to notify certain organizations pertaining to security / intelligence, if any, for exclusion from the purview of the Act (Sec.24).

E) INTERNAL PROCEDURES:

The Secretaries are requested to define procedure for processing requests, collecting information, creating facilities for inspection of documents etc. well in advance. “Single Window” concept may be adopted in true spirit.

F) AMENDMENTS TO EXISTING ACTS, RULES, ETC.

Section 22 of the Act envisages that the Act would have over riding effect over any other Act, Rule or Order. Therefore, the Secretaries are requested to review all such Acts and instruments which are in conflict with the Right to Information Act and suggest amendments.

G) TRAINING

One of the important aspects of implementation of Right to Information Act is that it calls for sensitizing and training employees of the Government. The Anna Institute of Management shall evolve a training programme at State level and also at district level having regard to the above points so as to sensitize and train the Government employees / officers on implementation of Right to Information Act, 2005. The Secretary, Rural Development Department will evolve a training programme so far as the local bodies are concerned.

As the Right to Information Act, 2005, has come into force with effect from 15 th June, 2005 and the preparatory phase of 120 days is getting over on 12 th October, 2005, I am to request you to give top priority to the implementation of the Act.

Yours faithfully,

for Chief Secretary to Government.

46 ANNEXURE-XI Secretariat Departments/Heads Of Depts/ Public Undertakings/ Disposal of applications by PIOs during the year 2006 S.No. Name of Department No of requests Number of Number of Particulars Amount of Efforts by made to each decisions where Appeals of any charges Public Public applicants referred to the Disciplinary collected Authorities to Authority not entitled to State Action taken (in Rs) administer and access to the Information against any implement the documents Commission for officer in Act (3) review respect of administration (1) of the Act (2) (4) (5) (6) (7)

01 ADI DRAVIDAR AND TRIBAL WELFARE DEPT.,

Adi Dravidar 3 - - - 150 and Tribal Welfare Dept., Secretariat Director, 11 - - - 550 - Adi Dravidar Welfare Director, Tribal ------welfare Tamil Nadu ------Adi Dravidar Housing and Development Corporation Ltd.(THADCO)

S.No. (1) (2) (3) (4) (5) (6) (7)

02 AGRICULTURE DEPT.,

Agriculture Dept., 26 7 - - 540 - Secretariat

Director of Agriculture 30 - 6 - 760 -

Director of Agriculture 3 3 3 - 374 - Marketing and Agri. Business Director of Seed 2 - - - 94 - Certification Commissioner of 1 - - - - - Horticulture and Plantation Crops

Chief Engineer ------(Agricultural Engineering)

S.No. (1) (2) (3) (4) (5) (6) (7)

Tamil Nadu 44 - - - 2373 The Manual for Agricultural Tamil Nadu Agricultural University. University has been prepared and hosted in the University website Drought Prone Area 1 - - - 10 - Programme Cell

S.No. (1) (2) (3) (4) (5) (6) (7) 03 ANIMAL HUSBANDRY, DAIRYING AND FISHERIES DEPT.,

Animal Husbandry, 9 - 1 - 190 Particulars about the Dairying & Fisheries Dept., has been Dept., Secretariat posted in Govt. Website Director of Animal 13 - - - 440 - Husbandry and Veterinary Services Director of Fisheries. 61 - 2 - 2870 -

Tamil Nadu Veterinary 9 - 2 - 536 Particulars about RTI and Animal Sciences Act 2005 has been University hosted in the Website www.tanuvas.ac.in The Tamil Nadu, 41 - - - 2361 - Co-op. Milk Producers' Federation Ltd., Commissioner for Milk 10 - - - 345 - Production and Dairy Development

Director of Audit for 1 - - - 60 - Milk Co-operatives Tamil Nadu Fisheries 1 - - - 50 - Development Corporation Ltd

50 S. No. (1) (2) (3) (4) (5) (6) (7) 04 BACKWARD CLASSES, MOST BACKWARD CLASSES & MINORITIES WELFARE DEPT.,

Backward Classes, 12 - 1 - 1008 - Most Backward Classes & Minorities Welfare Dept., Secretariat Director of 14 - - - 180 - Backward Classes and Minorities Welfare. Director of Most ------Backward Classes & Denotified Communities Welfare. Tamil Nadu 1 - - - 60 - Backward Classes Commission. State Minorities ------Commission. Tamil Nadu Backward 1 - - - 10 - Classes Economic Development Corporation Ltd.,

Tamil Nadu ------Minorities Economic Development Corporation Ltd.

S.No. (1) (2) (3) (4) (5) (6) (7) Tamil Nadu State - - - - - Manual Hajj Committee. Containing Proactive Disclosures hosted in the Website Tamil Nadu Wakf 37 - - - 844 - Board

S.No. (1) (2) (3) (4) (5) (6) (7) 05 COMMERCIAL TAXES AND REGISTRATION DEPT.,

Commercial Taxes and 31 - - - 1000 Manual Registration Dept. prepared and Secretariat hosted in the Govt. website. Commissioner of 63 11 5 - 2694 Manual Commercial Taxes prepared and hosted in the Govt. Website Inspector General of 1227 - - - 66229 - Registration

S.No. (1) (2) (3) (4) (5) (6) (7) 06 CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPT.,

Co-operation, Food 41 38 - - 550 - and Consumer Protection Dept. Secretariat Registrar of 177 - 16 - 3580 State level Co-operative Societies. manual has been hosted in the Website Commissioner of 39 - 1 - 1160 - Civil Supplies and Consumer Protection State Consumer 12 12 - - 210 - Disputes Redressal Commission. Tamil Nadu Civil 23 - - - 506 - Supplies Corporation Ltd., Tamil Nadu ------Warehousing Corporation.

S.No. (1) (2) (3) (4) (5) (6) (7) 07 ENERGY DEPT.,

Energy Dept. 4 - - - 80 Proactive Secretariat disclosure and manual of Energy Dept is made and available in the Govt., Website Chief Electrical 2 - - - 60 - Inspectorate Tamil Nadu Electricity 364 - - - 14477 - Board. Tamil Nadu Energy 6 - - - 100 - Development Agency. Tamil Nadu Power ------Finance and Infrastructure Development Corporation Ltd.

S.No. (1) (2) (3) (4) (5) (6) (7) 08 ENVIRONMENT AND FORESTS DEPT.,

Environment and 27 - - - 660 - Forests Dept. Secretariat

Principal Chief 4 - - - 228 - Conservator of Forests

Director of 25 - 1 - Manual has Environment. been prepared Tamil Nadu Pollution 26 - - - 2494 Manual has Control Board. been prepared Arasu Rubber - - - - - Manual has Corporation Ltd been prepared Tamil Nadu Forest - - - - - Manual has Plantation Corporation been prepared Ltd., Tamil Nadu Tea 1 ------Plantation Corporation

S.No. (1) (2) (3) (4) (5) (6) (7) 09 FINANCE DEPT.,

Finance Dept. 36 - - - 532 - Secretariat Commissioner of 23 - - - 404 - Treasuries and Accounts Director of Local 15 - - - 1498 - Fund Audit. Commissioner of ------Small Savings. Govt., Data Centre 2 - - - 10 -

Director of 16 - - - 586 - Co-operative Audit. Director of Pension. 9 - - - 190 -

Chief Internal Audit 3 - - - 35 - and Statutory Boards Audit

S.No. (1) (2) (3) (4) (5) (6) (7) 10 HANDLOOMS, HANDICRAFTS, TEXTILES AND KHADI DEPT.,

Handlooms, 7 1 - - 200 - Handicrafts, Textiles and Khadi Dept. Secretariat Commissioner of 48 7 - - 1754 - Handlooms and Textiles. Commissioner of 3 - - - 194 - Sericulture Tamil Nadu ------Handicrafts Development Corporation Ltd., Handloom Weavers' 4 1 - - 150 - Co-operative Society (CO-OPTEX). Tamil Nadu 5 - - - 50 - Khadi and Village Industries Board.

58 S.No. (1) (2) (3) (4) (5) (6) (7) 11 HEALTH AND FAMILY WELFARE DEPT.,

Health and Family 44 - - - 2200 - Welfare Dept.. Secretariat

Director of Medical 8 - - - 400 - and Rural Health Services.

Director of Medical 24 - - - 1000 - Education.

Director of Public 71 - - - 1220 - Health and Preventive Medicine. Director of Family 2 - - - 100 -- Welfare. Director of Drugs 1 - - - 100 - Control. Special Commissioner 7 - - - 150 - & Director of Indian Medicine and Homeopathy. Director of ------Tamil Nadu State Health Transport. Tamil Nadu Aids ------Control Society.

S.No. (1) (2) (3) (4) (5) (6) (7) 12 HIGHER EDUCATION DEPT.,

Higher Education 35 - - - 580 - Dept.. Secretariat Director of Collegiate 6 - - - 200 - Education. Commissioner of 79 - - - 1498 - Technical Education. Commissioner of 44 - - - - - Archives and Historical Research. Tamil Nadu State ------Council for Science & Technology. Tamil Nadu Science ------& Technology Centre Anna University. 33 - - - 1275 - Chennai Science City. ------

S.No. (1) (2) (3) (4) (5) (6) (7) Tamil Nadu State ------Council for Higher Education. University of Madras. 56 - - - 1829 -

Madurai Kamaraj 48 - - - 610 - University Tamil Nadu Open 12 - - - 200 - University Bharathiar University 19 - - - 430 -

Mother Therasa 1 - - - - - Womens University Thiruvalluvar 26 - - - 1270 - University Alagappa University 9 - - - 480 -

Annamalai University 6 - - - 40 -

Manonmaniam 29 - - - 790 - Sundaranar University Tamil Nadu Physical ------Education and Sports University

S.No. (1) (2) (3) (4) (5) (6) (7) 13 HIGHWAYS DEPT.,

Highways Dept. 43 - - - 646 - Secretariat Chief Engineer, 181 31 4 - 25,431 - (Highways) Chief Engineer 5 - - - 120 - (Projects) Poompuhar Shipping 1 - - - 86 - Corporation.

S.No. (1) (2) (3) (4) (5) (6) (7) 14 HOME, PROHIBITION AND EXCISE DEPT.,

Home, Prohibition and 156 2 1 - 5385 - Excise Dept. Secretariat

Director General of 407 10 8 (1) Deputy 11209 - Police. Superintendent of Police

(2) Inspecto r of Police, Kanniyakumari Commissioner of ------Prohibition and Excise

Director of ------Prosecution.

Director of Forensic 1 - - - - - Science

S.No. (1) (2) (3) (4) (5) (6) (7) Tamil Nadu 1 - - - 100 - Uniformed Services Recruitment Board.

Additional Director 26 4 - - 935 - General of Prisons

Director of 13 - - - 582 - Fire and Rescue Services

Commissioner of 150 - - - 10464 - Transport.

Tamil Nadu State 3 - - - 200 - Marketing Corporation (TASMAC).

Tamil Nadu Police 1 - - - 10 - Housing Corporation Ltd. High Court, Madras 94 - - - 2090 -

S.No. (1) (2) (3) (4) (5) (6) (7)

15 HOUSING AND URBAN DEVELOPEMENT

Housing and Urban 61 - - - 1070 - Development Dept. Secretariat Director of Town and 63 4 1 - 2212 - Country Planning. Registrar of Co-operative Societies (Housing). 2 - - - 150 - Chennai Metropolitan 157 - - - 7236 - Development Authority. Tamil Nadu Housing 368 - - - 12574 - Board. Tamil Nadu Slum 40 1 - - 1334 Manuals Clearance Board. prepared Tamil Nadu Co- 2 - - - 150 - operative Housing Federation Ltd.

S.No. (1) (2) (3) (4) (5) (6) (7)

16 INDUSTRIES DEPT.,

Industries Dept. 36 - - - 200 - Secretariat Commissioner of 53 - - - 1739 Register Sugar regarding receipts and disposal of petitions being maintained, Training given to the PIOs by the Anna Institute of Management Chennai from 23.02.06 to 25.02.06 Commissioner and 29 - - - 810 Director of Geology and Mining.

S.No. (1) (2) (3) (4) (5) (6) (7)

17 INFORMATION TECHNOLOGY DEPT.,

Information 5 - 1 - - - Technology Dept., Secretariat Electronic Corporation 7 - - - 360 Manual has of Tamil Nadu Ltd., been prepared and hosted in the website

67 S.No. (1) (2) (3) (4) (5) (6) (7)

18 LABOUR AND EMPLOYMENT DEPT.,

Labour and 94 - 9 - 2535 - Employment Dept., Secretariat. Commissioner of 124 - 9 - 3280 - Labour Commissioner of 187 - 8 - 4364 - Employment and Training. Chief Inspector of 24 - - - 980 - Factories. Director of Medical 8 - - - 290 - and Rural Health Services, (ESI) Tamil Nadu Labour 1 - - - 50 - Welfare

Tamil Nadu, 15 - - - 320 - Construction Workers Welfare Board. Overseas Manpower ------Corporation Ltd.,

Tamil Nadu Manual 9 - - - 450 - Workers Welfare Board

S.No. (1) (2) (3) (4) (5) (6) (7)

19 LAW DEPT

Law Department 26 - - - 370 Manuals Secretariat Prepared

Director of Legal 1 - - - 50 Manuals Studies. Prepared

Tamil Nadu 18 - - - 2501 Manuals Dr. Ambedkar Law Prepared University.

69 S.No. (1) (2) (3) (4) (5) (6) (7) 20 MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPT.,

Municipal Admn. and 132 - 3 - 1290 - Water Supply Department, Secretariat Commissioner of 147 - - - 1350 - Municipal Admn. Tamil Nadu Water 63 1 2 - 4943 - Supply and Drainage Board. Chennai Metropolitan 81 - 19 - 3460 Manual Prepared Water Supply and and hosted in the Website: Sewerage Board. www.chennaimetrowater.co.in Commissioner, 168 - - - 4160 - Corporation of Chennai. Commissioner of 42 - 2 Asst. 300 Town Panchayats Director of Town Panchayat, Kanchipuram Zone.

S.No. (1) (2) (3) (4) (5) (6) (7)

21 PERSONNEL AND ADMINSTRATIVE REFORMS DEPT.,

Personnel and 141 - 2 - 1194 Manual under Administrative RTI Act 2005 Reforms Department and the list of Secretariat PIOs Asst. PIOs & Appellate Authorities were hosted in the Govt., Website www.tn.gov.in Director of 18 - - - - - Vigilance and Anti Corruption. Tamil Nadu Public 27 - - - 590 - Service Commission. Anna Institute of ------Management.

S.No. (1) (2) (3) (4) (5) (6) (7)

22 PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES DEPT.,

Planning, 1 - - - 50 - Development and Special Initiatives Dept. Secretariat Commissioner of ------Economics and Statistics. Evaluation and ------Applied Research Dept.,

S.No. (1) (2) (3) (4) (5) (6) (7)

23 PUBLIC AND REHABILITATION DEPT.,

Public and 124 10 12 - 4080 - Rehabilitation Dept., Secretariat Director of 31 - - 1 700 - Ex-Servicemen's Welfare. Commissioner of ------Rehabilitation. Tamil Nadu Ex- servicemen's Corporation Ltd., 1 - - - 10 -

S.No. (1) (2) (3) (4) (5) (6) (7)

24 PUBLIC WORKS DEPT.,

Public Works Dept. 50 - 2 - 648 - Secretariat

Engineer -in-Chief 163 - - - 6396 - Water Resources Organisation and Chief Engineer (General)

Chief Engineer, 25 - - - 730 - (Buildings)

74 S.No. (1) (2) (3) (4) (5) (6) (7)

25 REVENUE DEPT.,

Revenue, Department, 157 - - - 3287 - Secretariat

Special Commissioner 35 - - - 1040 - and Commissioner of Revenue Administration.

Special Commissioner 20 - - - 580 - and Commissioner of Land Reforms. Special Commissioner 128 20 - - 3706 - and Director of Survey and Settlement.

Spl. Commissioner and 40 - - - 1010 - Commissioner of Land Administration.

Spl. Commissioner 9 - - - 300 - and Commissioner of Urban Land Ceiling & Urban Land Tax.

All District Collectors 2716 55 3 - 88491 -

S.No. (1) (2) (3) (4) (5) (6) (7)

26 RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT.,

Rural Development 76 - 3 - 810 - and Panchayat Raj Dept., Secretariat Director of Rural 619 - - - 23,935 Development and Panchayat Raj

Tamil Nadu 12 - - - 455 - Corporation for Development of Women Ltd. Tsunami Project ------Implementation Unit

76 S.No. (1) (2) (3) (4) (5) (6) (7)

27 SCHOOL EDUCATION

School Education 424 - - - 4675 - Dept., Secretariat Director of 33 - - - 200 - Elementary Education. Director of 392 - - - 2100 - School Education.

Director of 13 - - - 130 - Government Examinations Director of Public 10 - - - 100 - Libraries. Director of Non------Formal and Adult Education. Director of Teacher 16 - - - 160 - Education, Research and Training. District Primary 4 - - - 40 - Education Programme.

Teachers Recruitment 37 - - - 370 - Board.

Tamil Nadu Text Book 4 - - - 120 - Corporation

S.No. (1) (2) (3) (4) (5) (6) (7)

28 SMALL INDUSTRIES DEPT.,

Small Industries Dept., 10 - - - 480 - Secretariat

Commissioner of 18 - - - 454 - Industries and Commerce.

Tamil Nadu Small 1 - - - 50 - Industries Corporation Ltd., (TANSI).

Tamil Nadu Small 10 - - - 340 - Industries Development Corporation.

Entrepreneurship ------Development Institute.

S.No. (1) (2) (3) (4) (5) (6) (7)

29 SOCIAL WELFARE AND NUTRIOUS MEAL PROGRAMME DEPT.,

Social Welfare and 10 - - - 100 - Nutritious Meal Programme Dept. Secretariat. Commissioner of 10 - - - 214 - Social Defence.

Director of Social 6 - - - 20 - Welfare

Project Co-ordinator 9 - 2 - 246 - World Bank Assisted ICDS. State Commissioner 8 - - - 10 - for the Disabled.

79 S.No. (1) (2) (3) (4) (5) (6) (7) 30 TAMIL DEVELOPMENT, RELIGIOUS ENDOWMENT AND INFORMATION DEPT.,

Tamil Development 48 - - - 9,200 - Religious Endowment and Information Dept. Secretariat Director of Tamil 2 - - - - - Development. Special Commissioner and Commissioner Hindu Religious and 257 - - - 12266 - Charitable Endowment Director of 25 - 3 - 4202 - Information and Public Relations. Director of Stationary 1 - - - 106 Manual prepared and Printing Etymological - - - - - Manual prepared and Dictionary Project hosted in the Govt. Website. www.tn.gov.in/rti.

S.No. (1) (2) (3) (4) (5) (6) (7)

31 TOURISM AND CULTURE DEPT.,

Tourism and Culture ------Dept., Secretariat Commissioner of ------Archaeology.

Commissioner of 1 - - - - - Tourism

Commissioner, Tamil ------Nadu Museum

Director of Art & 1 - - - - - Culture

81 S.No. (1) (2) (3) (4) (5) (6) (7)

32 TRANSPORT DEPT.,

Transport Dept. 42 - - - 1032 Manual Secretariat prepared Motor Vehicles - - - - - Manual Maintenance prepared Department. Institute of Road - - - - - Manual Transport. prepared

Metropolitan 30 4 1 - 700 Manual Transport prepared Corporation. State Express 38 - - - 840 Manual Transport prepared Corporation Ltd., Chennai Tamil Nadu State 36 - - - 520 Manual Transport prepared Corporation (Villupuram) Ltd.

S.No. (1) (2) (3) (4) (5) (6) (7)

Tamil Nadu State 39 - 1 - 650 Manual Transport prepared Corporation, (Kumbakonam) Ltd.

Tamil Nadu State 70 11 1 - 3860 Manual Transport prepared Corporation (Madurai) Ltd.

Tamil Nadu State 60 - - - 2300 Manual Transport prepared Corporation (Coimbatore) Ltd.

Tamil Nadu State 22 - - - 736 Manual Transport prepared Corporation (Salem) Ltd. Tamil Nadu 3 - - - 168 Manual Transport prepared Development Finance Corporation Ltd.

S.No. (1) (2) (3) (4) (5) (6) (7)

33 YOUTH WELFARE AND SPORTS DEVELOPMENT DEPT.,

Youth Welfare and ------Sports Development Dept., Secretariat

National Cadet ------Corps.

Sports Development 4 - - - 82 Manual has been Authority of Tamil prepared and Nadu posted in the website www.sportsinfotn.com 34 LEGISLATIVE ASSEMBLY

Legislative 3 - - - 50 - Assembly, Secretariat

K.S.SRIPATHI STATE CHIEF INFORMATION COMMISSIONER